6 May 2010 · Committee
Arbory Court Kitchens, Callows Yard, Malew Street, Castletown, Isle Of Man, IM9 1dq
This application sought permission to change the use of the ground and first floors of Arbory Court, Callows Yard, Malew Street, Castletown, to provide retail and office accommodation. The Planning Committee of the Department of Infrastructure permitted the application on 6 May 2010, in line with the officer's recommendation. Two conditions were attached to the permission. The formal decision record lists 2 conditions.
The Planning Committee of the Department of Infrastructure permitted the change of use on 6 May 2010. The officer also recommended approval, and the decision was issued with two conditions.
Castletown Local Plan - area between Arbory Street and Malew Street
12.2.10 In addition to alternative sources of energy supply, the Strategic Objectives in Chapter 3 refer to the promotion of efficiency and economy in the use of resources and the reduction of energy consumption by more efficient use of energ y through energy conservation, recycling and waste reduction. There are numerous ways of increasing energy efficiency and reducing energy consumption both in the design and construction of new development and its subsequent operation, management and maint enance. The Building Regulations set standards for energy efficiency in new construction including, walls, windows, roofs and heating appliances. But the design and layout of new development can in themselves reduce energy consumption through for example Passive Solar Estate Layouts (1). Added to this are the various solar panel, photovoltaic cell, solar energy and heat pump technologies.
Castletown Local Plan policy 2.12
2.12 The Louisa Mine Site is not visually an integral part of the village: rather it forms part of the wider periphery or backdrop to the village and in this respect it is suggested that the site is not suitable in its entirety for the development of built structures. This has significant repercussions for the viability of any reclamation works which themselves are likely to be costly. There may be the opportunity, however, to develop the westernmost part of the site for housing as tests undertaken subsequent to the Wolverhampton Study have revealed that the level of contamination in this part may not be so high as to preclude such development and after use (see Section 3).
Office conversion policy
ound the church, and set on the saddle between Meayll Hill and Cronk ny Arrey. Some of the buildings are used as part of the Cregneash Folk Museum. (ii) Assessment: It is indicated at paragraph A.3.7 of Appendix 3 to the Isle of Man Strategic Plan that "Cregneash may also be judged to have the characteris tics of a village, but as the National Folk Museum it is subject to special consideration, seeking to preserve and protect the authenticity and integrity of the village and its setting." However, it would be more accurate to refer to Cregneash as "the set ting for the National Folk Museum" rather than "the National Folk Museum ". The introduction of additional dwellings, necessarily constructed some 100 years or more later than any existing dwelling in the village, would clearly be inimical to preserving th e authenticity and integrity of the present group and its value as the setting for the Folk Museum. Additional dwellings are not therefore proposed. (b) The Howe/Glen Chass: (i) Description: The Howe comprises a group of dwellings and farm buildings ar ound the chapel on the north side of the road to The Sound. Just to the east, scattered either side of the road down to Fistard are the dwellings comprising Glen Chass. These linked groups have a sense of identity, arising in part from the chapel and in part from the topographical setting. The groups are close to Port St Mary, but clearly within the countryside. Apart from the chapel, there are no public buildings. (ii) Assessment: These groups are not in themselves sustainable settlements, and are not far enough away from Port St Mary or Port Erin to generate a valid local need for housing. In the case of The Howe, further development would be likely to extend or consolidate the existing ribbon development along The Sound Road, whilst in the case of Glen Chass, the access road is narrow and difficult, especially for public service vehicles. In these circumstances, additional dwellings are not proposed for The Howe or Glen Chass. (c) Ballakilpheric/Cronk e Dhooney: (i) Description: Grouped quite comp actly to the west and east of the still -active chapel are two collections of dwellings and farm buildings, some of which are comparatively modern. The group is some 1.5 km from the Colby main road, up a winding and sometimes narrow road. The sense of place arises largely from the chapel at the crossroads, but there are no other public facilities or amenities. (ii) Assessment: Whilst a small number of additional dwellings could be added without visual detriment to either the group or its setting, the group is not sustainable, is served by a poor access road, and is not distant enough from Colby to generate a valid local need for housing. Additional dwellings are not therefore proposed. (d) Earystane: (i) Description: Earystane comprises a collection of dwellings scattered along the road between Ballamoar and Ballacannell. The distinctive, finely coursed stonework of some of the buildings, including the former chapel, lends a sense of unity to this interesting upland settlement. The group is some 2.5 km from the main Colby Road, is served by only a narrow road, and has no public facilities or amenities. (ii) Assessment: Further dwellings would clearly not be sustainable, and would reduce the interest and attraction of the existing group. Road access is poor. Additional dwellings are not therefore proposed. (e) St Marks: (i) Description: St Marks is a designated Conservation Area, which includes some of the surrounding countryside. The buildings include the church, a chapel, the former school rooms , and a number of dwellings clustered around the village green. The spaces between the buildings contribute positively to the character of the settlement, helping to integrate it with its immediate rural environment. The undeniable sense of place arises not only from the disposition of the buildings and spaces, but also from the location at the meeting of several rural roads. (ii) Assessment: The Character Appraisal statement for the Conservation Area indicates that "Whilst new development might not be ru led out, detailed and careful assessment of any proposed development would be required relative to the potential impact on the special character and historic interest of the settlement and its existing balance". The statement also identifies the derelict smithy as having potential for conversion to residential use. Having regard to these indications, and to the comparatively large agricultural hinterland in which St Marks sits, the principle of a small number of suitably sited and designed new dwellings b eing added to the Village could meet any local housing need without affecting adversely the character and appearance of the Conservation Area. However, the Department's Conservation team will need to undertake a full site analysis before firm conclusions can be reached (see paragraph 4.10.3 for the conclusions of the further assessment for St Marks undertaken in 2010). (f) Derbyhaven: (i) Description: Derbyhaven com
Mixed use principle
### Paragraph 3.8 **D. Poyll Dooey/Ballachrink** Development of this land should be undertaken only in accordance with an approved scheme for the whole area. This should provide, on the western two-thirds of the land, mixed density housing and a primary school (if required by the Department of Education). On the eastern third of the site, there should be light industrial development (see Policy R/I/P1(B)). Drainage arrangements must be such as to avoid adverse impact on water quality, fish, and freshwater invertebrate fauna in the Sulby River. ### Paragraph 3.9 **E. Lezayre Road/Gardeners' Lane** Development may be undertaken only in accordance with an overall scheme for the area. This scheme should be prepared after examination of the feasibility of providing a second crossing of the Sulby River, and should include: a) a minimum of 3 ha of land for light industrial use; b) a minimum of 2 ha of land for use as recreation/play area; c) generous landscaped space alongside the rivers and the former railway line and around Poyll Dooey House. ### Paragraph 4.12 **B. Riverside/Station Road/Ballachrink** Development of this area may be undertaken only in accordance with an approved development brief for Poyll Dooey/Ballachrink. This presumption will be in favour of Station Road to serve the area (reference: Policy R/R/P2D) and the relocation of the bus maintenance facilities to this area. A pumping station shall be located following discussion with the Department of Transport and be subject to an appropriate landscaping scheme. ### Paragraph 4.13 **C. Gardeners' Lane/Lezayre Road** A maximum of 3 hectares (approximately 8.0 acres) shall be reserved for industry as part of a scheme for the whole area (reference: Policy R/R/P2E). # Appendix 2 ## Development and Crime Prevention ### Introduction The following guide is intended to offer advice on how crime prevention and reduction measures can be incorporated into the design of developments within the West Ramsey area. Applicants and developers should aim to, where appropriate, incorporate elements contained within guide into planning applications. Appropriate design and layout of new development can help reduce the opportunity for crime, the fear of crime and lessen incidence of anti-social behaviour. New development should seek to reduce opportunities for criminal and anti-social behaviour, reduce the fear of crime and increase the likelihood of detecting crime. The ultimate objective of crime reduction is to create a safe environment for all. The Island has a low crime rate in comparison to the United Kingdom. However, if not addressed, fear of crime can become a significant problem in its own right. It can have a serious and lasting effect on the quality of life, particularly among those in the more vulnerable sectors of society, such as women, children, the disabled and the elderly. A reduction in the fear of crime is dependent upon reducing the risk of crime itself. This can be achieved through design and management of public areas, which seeks to influence the way the built environment is perceived by the public, and potential offenders alike. It is important that all aspects of new development are considered at an early stage within the design project in order that potential conflicts, including those appertaining to crime prevention, can be resolved. Historically, initiatives that attempt to incorporate crime prevention measures at a later stage, particularly when the development is built, can prove to be expensive or even impossible. ### Crime Prevention through Environmental Design The factors that influence crime, and anti-social behaviour, are complex but it is widely accepted that environmental factors can play a part. Crime prevention through environmental design is a world wide multi-disciplinary approach to crime reduction, and increasing perceived community safety. It seeks to influence the behaviour of the offender and acknowledges that the layout and design of the built environment can greatly affect crime patterns and trends, by either creating or reducing opportunities for criminal behaviour and public disorder. There are no fixed rules but there are a number of accepted principles that should be considered during the design process, including the following concepts: #### Surveillance Effective natural and passive surveillance is a basic element of crime prevention. It will deter the offender by making them feel vulnerable. Natural surveillance by the occupants of buildings, pedestrians, passing motorists and cyclists will assist in creating an environment within which the criminal is made to feel vulnerable and exposed. For example, car parking areas, footpaths, open spaces and children's play areas should be located in order that they are capable of being viewed from adjoining properties, well used roads and footpaths. Effective lighting during the hours of darkness will encourage greater legitimat
Strategic Plan parking standards discretion
A.7.6 Parking Standards Type of Development Car Parking Standard Typical Residential 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling. Residential Terraces 2 spaces per unit, if not within curtilage then located as close to units as possible without compromising residential amenity. Parking spaces should not be provided in front of the dwellings where this would result in a poor outlook for residents and would detract from the amenity of the area. Apartments 1 space for 1 bedroom; 2 spaces for 2 or more bedrooms Sheltered Housing 1 space per 3 units. Town centre and brownfield residential development Typical residential standard may be relaxed in accordance with paragraph A.7.1 above. Nursing, rest, and care homes 1 space per 3 residents in addition to spaces for staff and deliveries. Offices 1 space for every 50 square metres of nett floor space. Out of town offices 1 space for every 15 square metres of nett floor space. Town centre shops Space for service vehicle use. Neighbourhood shops Spaces for staff, customers, and service vehicles will be required. Light industrial, research and development 1 space per 30 square metres nett floor space. General industrial 1 space per 50 square metres gross floor space. Storage and distribution 1 space per 100 square metres gross floor space. Medical / health services 3 spaces per consulting room plus staff parking. Hotels, motels, guest houses 1 space per guest bedroom. In rural and suburban l ocations. In urban locations standards may be relaxed as (d) below Assembly and leisure (includes cinemas, meeting halls, swimming baths, leisure centres, and the conference and leisure facilities of hotels) 1 space per 15 square metres gross floor space. These standards may be relaxed where development: (a) would secure the re -use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality. APPENDIX 8 EXISTING, APPROVED AND NEW DWELLINGS BY LOCAL AUTHORITY AREA Local Authority Area Number of private households 2011* % of Island Total New dwellings approved 2001 - 2011 (valid approvals) % of Island total New dwellings started or completed 2001 - 2011 % of Island total North Ramsey 3,530 9.9 657 12.7 568 12.7 Andreas 595 1.7 105 2 102 2.3 Jurby 264 0.7 26 0.5 24 0.5 Ballaugh 438 1.2 21 0.4 15 0.3 Bride 168 0.5 12 0.2 10 0.2 Lezayre 510 1.5 62 1.2 51 1.1 Maughold 403 1.1 17 0.3 13 0.3 Total 5,908 16.6 900 17.3 783 17.4 East Douglas 11,702 32.9 1724 33.4 1407 31.5 Onchan 3,993 11.2 230 4.5 222 5 Braddan 1,350 3.8 260 5 256 5.7 Laxey 716 2 46 0.9 18 0.4 Lonan 621 1.7 95 1.8 88 2 Marown 885 2.5 96 1.9 84 1.9 Santon 283 0.8 10 0.2 10 0.2 Total 19,550 54.9 2461 47.7 2085 46.7 West Peel 2,168 6.1 763 14.8 719 16.1 Michael 682 1.9 75 1.5 74 1.6 German 433 1.2 17 0.3 12 0.3 Patrick 604 1.7 91 1.8 89 2 Total 3,887 10.9 946 18.4 894 20 South Castletown 1,353 3.8 298 5.8 294 6.6 Port Erin 1,631 4.6 198 3.8 173 3.9 Port St. Mary 860 2.4 146 2.8 79 1.8 Rushen 675 1.9 46 0.9 44 1 Arbory 758 2.1 86 1.7 49 1.1 Malew 977 2.8 81 1.6 68 1.5 Total 6,254 17.6 855 16.6 707 15.9 Total 35,599 100 5162 100 4469 100 *Source: Isle of Man Census 2011 APPENDIX 9(1) ISLE OF MAN EMPLOYMENT LAND AVAILABILITY 2007 SUMMARY Available Land (ha) South Port Erin 0.24 Malew 49.18 Sub Total - South 49.42 East Douglas 5.22 Braddan (2) 28.07 Onchan 3.65 Sub Total - East 36.94 North Ramsey 10.40 Lezayre 0.47 Jurby 8.25 Sub Total - North 19.12 West Patrick / Peel 10.4 Sub Total - West 10.4 TOTAL 115.88 (1) Source: Employment Land Availability Study DLGE 2007 (2) This figure includes 20 ha proposed by the DLGE at Cooil Road
Condition 1
The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
Condition 2
This permission relates to the use of the building as either retail or offices as shown in drawings PA612/01, PA612/02, PA612/03, PA612/03A, PA612/04 and P612/04A all received on 11th March, 2010.